Environmental Public Health (Amendment) Bill

Environmental Public Health(Amendment) Bill

Bill No. 27/2020.

Read the first time on 4 June 2020.

A BILL

i n t i t u l e d

AnAct to amend the Environmental Public Health Act (Chapter 95 ofthe 2002 Revised Edition).

Be it enacted by the President with the advice and consent of theParliament of Singapore, as follows:

Short title and commencement

1. This Act is the Environmental Public Health (Amendment)Act 2020 and comes into operation on a date that the Ministerappoints by notification in the Gazette.

5 Amendment of section 2

2. Section 2 of the Environmental Public Health Act (called in thisAct the principal Act) is amended —

(a) by inserting, immediately before the definition of“Agency”, the following definition:

10 “ “aerosol-generating system”means any device orsystem that is capable of producing asuspension of fine liquid droplets in air orother type of gas;”;

(b) by inserting, immediately after the definition of “Agency”,15 the following definitions:

“ “aquatic facility” means any pool, device orfacility used or intended to be used for anyrecreational or therapeutic activity in, on orinvolving the use of water;

20 “aquatic facility licence”means a licence grantedunder this Act for a licensable aquaticfacility;”;

(c) by inserting, immediately after the definition of “cleaningwork”, the following definition:

25 “ “code of practice” means any code of practiceissued or approved under section 99A(1), andincludes such code of practice as amendedfrom time to time;”;

(d) by inserting, immediately after the definition of30 “Commissioner for Labour”, the following definition:

“ “common property” has the meaning given bysection 2(1) of the Building Maintenance andStrata Management Act (Cap. 30C);”;

2

(e) by inserting, immediately after the definition of“dwelling-house”, the following definition:

“ “environmental sanitation programme” meansany environmental sanitation programme

5developed under section 62B, and includessuch environmental sanitation programme asamended from time to time;”;

(f) by inserting, immediately after the definition of “latrine”,the following definitions:

10“ “licensable aquatic facility” means any aquaticfacility of the description or type prescribed bythe Agency, with the approval of the Minister,by order in the Gazette;

“limited common property” has the meaning15given by section 2(1) of the Building

Maintenance and Strata Management Act;

“manager”, in relation to any premises, meansthe occupier of the premises, and where thereis no occupier, the owner of the premises;”;

20(g) by deleting the word “his” in the definition of “occupier”and substituting the words “that person’s”;

(h) by deleting the words “, but does not include a lodger” inthe definition of “occupier”;

(i) by inserting, immediately after the definition of “public25waste collector licensee”, the following definition:

“ “publicly accessible premises” means anypremises to which the public or a section ofthe public has access as of right, or by virtue ofany express or implied permission with or

30without payment of a fee and whether or notaccess to the premises may be restricted atparticular times or for particular purposes, andincludes any part of those premises, and

3

“publicly accessible” is to be construedaccordingly;”;

(j) by inserting, immediately after the definition of “recyclingfacility”, the following definitions:

5 “ “registered aerosol-generating system” meansany registrable aerosol-generating systemthat is registered under this Act;

“registered Environmental Control Coordinator”means any individual who is registered under

10 this Act as an Environmental ControlCoordinator;

“registered Environmental Control Officer”means any individual who is registeredunder this Act as an Environmental Control

15 Officer;

“registrable aerosol-generating system” meansany aerosol-generating system of thedescription or type prescribed by theAgency, with the approval of the Minister,

20 by order in the Gazette;

“residential premises” means any premiseswhich are permitted to be used under thePlanning Act (Cap. 232) or any other writtenlaw as a dwelling-house or which is lawfully

25 so used;”;

(k) by inserting, immediately after the definition of “specifiedamount”, the following definition:

“ “specified premises”, in relation to Part VI, hasthe meaning given by section 62A;”;

30 (l) by inserting, immediately after the definition of “stall”, thefollowing definitions:

“ “standard of performance”means any standard ofperformance issued or approved under

4

section 99A(1), and includes such standard ofperformance as amended from time to time;

“statutory body” means a body corporateestablished by or under a public Act for a

5public purpose;”; and

(m) by deleting the definition of “swimming pool”.

Amendment of section 60

3. Section 60 of the principal Act is amended —

(a) by deleting subsection (1) and substituting the following10subsection:

“(1) The manager of any publicly accessiblepremises must —

(a) regularly clean, and keep clean and in goodrepair, the premises;

15(b) keep the premises free of conditions thatmay endanger the lives or health of themanager’s employees or other users of thepremises; and

(c) where the premises are specified premises,20comply with the additional requirements

relating to specified premises under thisAct.”;

(b) by deleting the words “owner, occupier or lessee”wherever they appear in subsections (2) and (3)(b) and

25substituting in each case the word “manager”;

(c) by deleting the words “such building or part thereof” insubsection (2) and substituting the words “publiclyaccessible premises”;

(d) by deleting the words “subsection (1)(a) or (b)” in30subsection (2) and substituting the words

“subsection (1)(a), (b) or (c)”;

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(e) by deleting the words “an air-conditioned building or partthereof” in subsection (3) and substituting the words “anypublicly accessible premises that are air-conditioned”;

(f) by deleting the words “building or part thereof” wherever5 they appear in subsection (3)(a) and (b) and substituting in

each case the word “premises”; and

(g) by deleting the section heading and substituting thefollowing section heading:

“Publicly accessible premises to be kept clean,10 etc.”.

New sections 61A and 61B

4. The principal Act is amended by inserting, immediately aftersection 61, the following sections:

“Environmental Control Coordinators and15 Environmental Control Officers

61A.—(1) An individual must not act as an EnvironmentalControl Coordinator or an Environmental Control Officer unlessthe individual is registered as such, and the registration is notsuspended, under this Act.

20 (2) The Director-General may —

(a) subject to any condition that the Director-Generalthinks fit to impose, register any individual as anEnvironmental Control Coordinator or anEnvironmental Control Officer; or

25 (b) refuse such registration.

(3) The Director-General may, by written notice, suspend orcancel the registration of an Environmental Control Coordinatoror an Environmental Control Officer (called in this section aregistered person) if —

30 (a) the registered person procured the registration byproviding any particulars, document or information,or by making any statement or representation, to the

6

Director-General which is false or misleading in anymaterial particular; or

(b) the Director-General is satisfied that the registeredperson has contravened any of the following:

5(i) any provision of this Act;

(ii) any regulations made under section 111;

(iii) any applicable code of practice or standard ofperformance;

(iv) any condition of the registration.

10(4) The Director-General must, before suspending orcancelling the registration of a registered person undersubsection (3), give the registered person a written notice ofthe Director-General’s intention to do so and an opportunity tosubmit reasons, within the period specified in that notice, as to

15why the registration should not be suspended or cancelled.

(5) Any individual who contravenes subsection (1) shall beguilty of an offence and shall be liable on conviction —

(a) for a first offence, to a fine not exceeding $5,000; and

(b) for a second or subsequent offence, to a fine not20exceeding $10,000.

Appeal against decisions made under section 61A

61B.—(1) Any individual who is aggrieved by theDirector-General’s decision to —

(a) impose any condition on the individual’s registration25as an Environmental Control Coordinator or an

Environmental Control Officer undersection 61A(2)(a);

(b) refuse the registration of the individual undersection 61A(2)(b); or

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(c) suspend or cancel the individual’s registration undersection 61A(3),

may, within 14 days after the individual receives the decision,appeal in writing to the Minister.

5 (2) After considering the appeal, the Minister may —

(a) confirm the Director-General’s decision;

(b) rescind the Director-General’s decision; or

(c) substitute or vary the Director-General’s decision andmake any decision which the Director-General is

10 competent to make under section 61A(2) or (3), as thecase may be.

(3) The Minister’s decision on the appeal is final.

(4) The Minister’s decision on the appeal must be given to theappellant.

15 (5) Where an appeal is made under subsection (1) against anydecision of the Director-General under section 61A(3), theexecution of that decision must be stayed until the outcome ofthe appeal.”.


20 5. Section 62 of the principal Act is amended —

(a) by deleting the words “employ a competent person to act asan Environmental Control Officer in” in subsections (2)and (2A) and substituting in each case the words “appoint aregistered Environmental Control Officer for”;

25 (b) by deleting the words “an Environmental Control Officeris so employed” in subsection (2A) and substituting thewords “a registered Environmental Control Officer isappointed for the construction site”;

(c) by deleting the words “The Environmental Control Officer30 employed under this section shall be employed” in

subsection (3) and substituting the words “A registeredEnvironmental Control Officer appointed for a

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construction site under this section must be so appointed”;and

(d) by deleting subsection (4).

New sections 62A to 62E

56. The principal Act is amended by inserting, immediately aftersection 62, the following sections:

“Appointment of Environmental Control Coordinator orEnvironmental Control Officer for specified premises

62A.—(1) This section applies to premises for which an10environmental sanitation programme is required

(called specified premises).

(2) The Agency may, with the approval of the Minister, byorder in the Gazette —

(a) designate as specified premises any publicly15accessible premises (or class of publicly accessible

premises);

(b) designate as specified premises any of the followingpremises (or class of premises) that are not publiclyaccessible:

20(i) any premises (or class of premises) owned,managed or occupied by the Government or astatutory body;

(ii) any premises (or class of premises) used, orintended to be used, for a commercial or an

25industrial purpose, or for mixed purposes thepredominant purpose of which is either acommercial or an industrial purpose;

(iii) any recreational facility or class of recreationalfacilities;

30(iv) any common property (or class of commonproperty) of any residential premises (or classof residential premises), or of any premises (or

9

class of premises) mentioned insub-paragraph (ii);

(v) any premises (or class of premises) for which anenvironmental sanitation programme is

5 assessed to be necessary to minimise oralleviate the risk of, or to prevent or manage,an outbreak or a spread of any infectiousdisease;

(c) designate any class, description or type of specified10 premises for which an Environmental Control

Coordinator must be appointed; and

(d) designate any class, description or type of specifiedpremises for which an Environmental Control Officermust be appointed.

15 (3) The manager of any specified premises must —

(a) where the specified premises are of a class,description or type for which an EnvironmentalControl Coordinator must be appointed — appoint aregistered Environmental Control Coordinator as the

20 Environmental Control Coordinator for that specifiedpremises; or

(b) where the specified premises are of a class,description or type for which an EnvironmentalControl Officer must be appointed — appoint a

25 registered Environmental Control Officer as theEnvironmental Control Officer for that specifiedpremises.

(4) For the purposes of subsection (3), the manager of thespecified premises may appoint himself as the Environmental

30 Control Coordinator or Environmental Control Officer (as thecase may be) for the specified premises in accordance with thatsubsection if the manager is registered as such under this Act.

(5) Any person that contravenes subsection (3)(a) or (b) shallbe guilty of an offence and shall be liable on conviction —

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(b) for a second or subsequent offence, to a fine notexceeding $10,000.

Environmental sanitation programme for specified5premises

62B.—(1) The Environmental Control Coordinator orEnvironmental Control Officer for any specified premisesmust, in accordance with the applicable codes of practice andstandards of performance and any regulations made under

10section 111 —

(a) develop an environmental sanitation programme forthe specified premises;

(b) where the Director-General requires theenvironmental sanitation programme to be

15amended, amend that environmental sanitationprogramme in the manner directed by theDirector-General in writing;

(c) review and update the environmental sanitationprogramme in the manner required by the

20applicable codes of practice or standards ofperformance;

(d) submit the developed, amended or updated (as thecase may be) environmental sanitation programme tothe manager of the specified premises;

25(e) monitor the implementation of the developed,amended or updated (as the case may be)environmental sanitation programme;

(f) identify and notify the manager of any default in theimplementation of the environmental sanitation

30programme; and

(g) recommend remedial measures to address any defaultin the implementation of the environmental sanitationprogramme.

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(2) The manager of the specified premises must, in accordancewith any regulations made under section 111 —

(a) endorse and submit to the Director-General theenvironmental sanitation programme mentioned in

5 subsection (1)(d) (or, where section 62A(4) applies,the environmental sanitation programme developed,amended or updated (as the case may be) by themanager in his capacity as the Environmental ControlCoordinator or Environmental Control Officer for the

10 specified premises);

(b) implement that environmental sanitation programmeupon endorsing it; and

(c) implement any remedial measures recommendedunder subsection (1)(g).

15 (3) Any manager that contravenes subsection (2)(a), (b) or (c)shall be guilty of an offence and shall be liable on conviction—


(b) for a second or subsequent offence, to a fine notexceeding $10,000.

20 (4) In this section, “implement”, in relation to anenvironmental sanitation programme or remedial measures,includes the carrying out of activities and measures specified inthe environmental sanitation programme or remedial measures(as the case may be), and “implementation” is to be construed

25 accordingly.

Power to give directives

62C.—(1) The Director-General may, with the approval of theMinister, give a directive in such form and manner as theDirector-General thinks fit, in respect of any premises or class of

30 premises (called in this section the relevant premises), or anypublic service vehicle or class of public service vehicles (calledin this section the relevant vehicle) if it appears to theDirector-General that —

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(a) the use of the relevant premises or the operation of therelevant vehicle is likely to endanger the health of anyperson and the directive is necessary to prevent ormanage that risk; or

5(b) the directive is necessary to prevent or manage theoutbreak or spread of any infectious disease.

(2) A directive given under subsection (1) must be compliedwith by the following persons (called in this section theresponsible person):

10(a) where the directive applies to any relevantpremises — the manager of those premises;

(b) where the directive applies to any relevant vehicle —the operator of that vehicle.

(3) Without limiting subsection (1), a directive given under15that subsection may require the responsible person to do all or

any of the following:

(a) close the relevant premises, or any part of the relevantpremises, for a period not exceeding 14 days for thepurpose of cleaning or disinfecting the relevant

20premises, or any part of the relevant premises;

(b) clean or disinfect the relevant premises or the relevantvehicle in the manner and within the time specified inthe directive;

(c) provide every individual who is to carry out the25cleaning or disinfecting of the relevant premises or

relevant vehicle with appropriate personal protectiveequipment, and ensure that the individual wears thepersonal protective equipment when carrying out thecleaning or disinfecting work.

30(4) The Director-General may, with the approval of theMinister, by written notice, renew any directive mentioned insubsection (3)(a) for any period (not exceeding 14 days eachtime) specified in the notice.

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(5) Where a directive under subsection (1) or a notice ofrenewal under subsection (4) applies to or affects a class ofresponsible persons, it may be published in any manner that theDirector-General thinks necessary for bringing it to the notice of

5 those responsible persons.

(6) Any responsible person that fails to comply with adirective given under subsection (1) shall be guilty of anoffence and shall be liable on conviction —


10 (b) for a second or subsequent offence, to a fine notexceeding $10,000.

(7) Without affecting any proceedings under subsection (6), ifa responsible person fails to comply with any directive givenunder subsection (1) —

15 (a) the Director-General may without warrant and withsuch force as may be necessary, enter the relevantpremises or the relevant vehicle and take or cause tobe taken any steps which the Director-Generalconsiders to be necessary to secure compliance with

20 the directive; and

(b) the responsible person is liable for any costs andexpenses incurred by the Director-General in exerciseof the powers conferred under paragraph (a).

(8) A reference in this section to a directive given under25 subsection (1) includes, where subsection (4) applies, a

reference to the renewed directive under subsection (4).

Monitoring powers for purposes of sections 62A, 62B and62C

62D.—(1) The Director-General or an authorised officer30 appointed under section 3(2) may, by written notice —

(a) inspect any specified premises, for the purposes ofadministering or enforcing section 62A or 62B orascertaining whether that section has been compliedwith; or

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(b) inspect any premises or public service vehicle inrespect of which a directive is given undersection 62C(1), for the purpose of ascertainingwhether the directive has been complied with.

5(2) The Director-General or an authorised officer appointedunder section 3(2) may also, by written notice, require theEnvironmental Control Coordinator or Environmental ControlOfficer for any specified premises to provide, within areasonable period, and in the form and manner specified in

10the notice, all documents and information which —

(a) relate to any matter which the Director-General orauthorised officer considers necessary for thepurposes of administering or enforcing section 62Aor 62B or ascertaining whether that section has been

15complied with; and

(b) are —

(i) within the knowledge of the EnvironmentalControl Coordinator or Environmental ControlOfficer; or

20(ii) in the custody or under the control of theEnvironmental Control Coordinator orEnvironmental Control Officer.

(3) The power to require an Environmental ControlCoordinator or an Environmental Control Officer to provide

25any document or information under subsection (2) includes thepower —

(a) to require the Environmental Control Coordinator orEnvironmental Control Officer to provide anexplanation of the document or information;

30(b) if the information is recorded otherwise than inlegible form, to require the information to be madeavailable in legible form to the Director-General or anauthorised officer appointed under section 3(2); and

15

(c) if the document or information is not provided, torequire the Environmental Control Coordinator orEnvironmental Control Officer to state, to the best ofhis knowledge and belief, where it is and how it may

5 be obtained.

(4) The Director-General or an authorised officer appointedunder section 3(2) is entitled without payment to make andretain copies of any document or information provided to theDirector-General or authorised officer under subsection (2).

10 (5) Any individual who, without reasonable excuse, fails to doanything required of the individual by a notice undersubsection (2) shall be guilty of an offence and shall be liableon conviction to a fine not exceeding $5,000.

(6) For the purposes of subsection (5), it is a reasonable excuse15 for an individual to refuse or fail to provide any document or

information which the individual is required by a notice undersubsection (2) to provide if doing so might tend to incriminatethat individual.

Application to Government

20 62E. Sections 60 to 62D apply to any premises owned,managed or occupied by the Government and any public servicevehicle owned or operated by the Government.”.

Repeal and re-enactment of Part VII and new Part VIIA

7. Part VII of the principal Act is repealed and the following Parts25 substituted therefor:

“PART VII

AQUATIC FACILITIES

Licensable aquatic facilities

63.—(1) The owner or occupier of any premises in or on30 which a licensable aquatic facility is located, must not use or

operate, or allow the use or operation of, the licensable aquaticfacility unless that owner or occupier holds a valid aquaticfacility licence for that purpose.

16

(2) Any person that contravenes subsection (1) shall be guiltyof an offence and shall be liable on conviction —


(b) for a second or subsequent offence, to a fine not5exceeding $10,000 or to imprisonment for a term not

exceeding 3 months or to both.

Prohibition of use or operation of aquatic facility

64.—(1) The Director-General may, by written notice(called in this section the cessation notice), require the

10cessation (immediately or within the time specified in thecessation notice) of the use or operation of any aquatic facility orclass of aquatic facilities (called in this section the relevantaquatic facility) for all or any of the purposes specified insubsection (2) if —

15(a) it appears to the Director-General that —

(i) the use or operation of the relevant aquaticfacility is likely to endanger the health of anyperson and the cessation is necessary to preventor manage that risk; or

20(ii) the cessation is necessary to prevent or managethe outbreak or spread of any infectious disease;or

(b) in the case where the relevant aquatic facility is alicensable aquatic facility, the Director-General is

25satisfied that any of the following (called in thissection the applicable requirement) has beencontravened in respect of the relevant aquatic facility:

(i) any provision of this Part;

(ii) any regulations made under section 111 in30relation to licensable aquatic facilities;

(iii) any condition of the aquatic facility licence forthe relevant aquatic facility.

17

(2) The purposes mentioned in subsection (1) are —

(a) the taking and analysis of any materials(whether solid, liquid, gaseous or vapour) found inor on the relevant aquatic facility;

5 (b) the cleaning or disinfecting of the relevant aquaticfacility;

(c) the conducting of investigations relating to therelevant aquatic facility or any outbreak, suspectedoutbreak or spread of any infectious disease; and

10 (d) the implementation of remedial measures in relationto the relevant aquatic facility.

(3) The cessation notice must be complied with by the owneror occupier of the premises in or on which the relevant aquaticfacility is located (called in this section the responsible person).

15 (4) The Director-General must, by written notice (called in thissection the resumption notice), permit the resumption of the useor operation of the relevant aquatic facility when theDirector-General is satisfied that —

(a) where the cessation notice is issued under20 subsection (1)(a)(i) — the use or operation of the

relevant aquatic facility is no longer likely toendanger the health of any person;

(b) where the cessation notice is issued undersubsection (1)(a)(ii) — the cessation of the use or

25 operation of the relevant aquatic facility is no longernecessary to prevent or manage the outbreak or spreadof any infectious disease; or

(c) where the cessation notice is issued undersubsection (1)(b) — the Director-General is

30 satisfied that the responsible person is no longer incontravention of the applicable requirement.

(5) Where the cessation notice or resumption notice applies toor affects a class of responsible persons, it may be published in

18

any manner that the Director-General thinks necessary forbringing it to the notice of those responsible persons.

(6) Any person that contravenes any notice issued undersubsection (1) shall be guilty of an offence and shall be liable on

5conviction to a fine not exceeding $5,000.

Monitoring powers for purposes of this Part

65.—(1) The Director-General or an authorised officerappointed under section 3(2) may, by written notice —

(a) inspect any aquatic facility for the purposes of10administering or enforcing this Part or ascertaining

whether this Part has been complied with; and

(b) take and retain samples of any materials(whether solid, liquid, gaseous or vapour) found inor on the aquatic facility for analysis.

15(2) The Director-General or an authorised officer appointedunder section 3(2) may also, by written notice, require the owneror occupier of any premises in or on which any aquatic facility islocated to provide, within a reasonable period, and in the formand manner specified in the notice, all documents and

20information which —

(a) relate to any matter which the Director-General orauthorised officer considers necessary for thepurposes of administering or enforcing this Part orascertaining whether this Part has been complied

25with; and

(b) are —

(i) within the knowledge of the owner or occupier;or

(ii) in the custody or under the control of the owner30or occupier.

(3) The power to require an owner or occupier to provide anydocument or information under subsection (2) includes thepower —

19

(a) to require the owner or occupier to provide anexplanation of the document or information;

(b) if the information is recorded otherwise than inlegible form, to require the information to be made

5 available in legible form to the Director-General or anauthorised officer appointed under section 3(2); and

(c) if the document or information is not provided, torequire the owner or occupier to state, to the best ofthe knowledge and belief of the owner or occupier,

10 where it is and how it may be obtained.

(4) The Director-General or an authorised officer appointedunder section 3(2) is entitled without payment to make andretain copies of any document or information provided to theDirector-General or authorised officer under subsection (2).

15 (5) Any person that, without reasonable excuse, fails to doanything required of the person by a notice under subsection (2)shall be guilty of an offence and shall be liable on conviction to afine not exceeding $5,000.

(6) For the purposes of subsection (5), it is a reasonable excuse20 for a person to refuse or fail to provide any document or

information which the person is required by a notice undersubsection (2) to provide if doing so might tend to incriminatethat person.


25 66. This Part applies to any aquatic facility owned, managedor operated by the Government.

PART VIIA

AEROSOL-GENERATING SYSTEMS

Registrable aerosol-generating systems

30 66A.—(1) The owner or occupier of any premises in or onwhich a registrable aerosol-generating system is installed, mustnot use or operate, or allow the use or operation of, the

20

registrable aerosol-generating system unless theaerosol-generating system is registered by that owner oroccupier under this Act and the registration is not suspended.

(2) The Director-General may —

5(a) subject to any condition that the Director-Generalthinks fit to impose, register the registrableaerosol-generating system; or

(b) refuse such registration.

(3) The registration of the registered aerosol-generating10system by the owner or occupier (called in this section the

registered owner or occupier) under subsection (2)(a) is nottransferable to any other person.

(4) The Director-General may, by written notice, suspend orcancel the registration of an aerosol-generating system if —

15(a) the registered owner or occupier procured theregistration by providing any particulars, documentor information, or by making any statement orrepresentation, to the Director-General which isfalse or misleading in any material particular; or

20(b) the Director-General is satisfied that the registeredowner or occupier has contravened any of thefollowing:


(ii) any regulations made under section 111 in25relation to registrable aerosol-generating

systems;

(iii) any condition of the registration.

(5) The Director-General must, before suspending orcancelling the registration of the aerosol-generating system

30under subsection (4), give the registered owner or occupier awritten notice of the Director-General’s intention to do so and anopportunity to submit reasons, within the period specified in thatnotice, as to why the registration should not be suspended orcancelled.

21

(6) The Director-General may also, on the application of theregistered owner or occupier, cancel the registration of anyregistered aerosol-generating system.

(7) Any person that contravenes subsection (1) shall be guilty5 of an offence and shall be liable on conviction —


(b) for a second or subsequent offence, to a fine notexceeding $10,000 or to imprisonment for a term notexceeding 3 months or to both.

10 Prohibition of use or operation of aerosol-generatingsystem

66B.—(1) The Director-General may, by written notice(called in this section the cessation notice) require thecessation (immediately or within the time specified in the

15 cessation notice) of the use or operation of anyaerosol-generating system or class of aerosol-generatingsystems (called in this section the relevant aerosol-generatingsystem) for all or any of the purposes specified in subsection (2)if —

20 (a) it appears to the Director-General that —

(i) the use or operation of the relevantaerosol-generating system is likely toendanger the health of any person and thecessation is necessary to prevent or manage that

25 risk; or

(ii) the cessation is necessary to prevent or managethe outbreak or spread of any infectious disease;or

(b) in the case where the relevant aerosol-generating30 system is a registrable aerosol-generating system, the

Director-General is satisfied that any of the following(called in this section the applicable requirement) hasbeen contravened in respect of the relevantaerosol-generating system:

22


(ii) any regulations made under section 111 inrelation to registrable aerosol-generatingsystems;

5(iii) any condition of the registration of the relevantaerosol-generating system.

(2) The purposes mentioned in subsection (1) are —

(a) the taking and analysis of any materials(whether solid, liquid, gaseous or vapour) found in

10or on the relevant aerosol-generating system;

(b) the cleaning or disinfecting of the relevantaerosol-generating system;

(c) the conducting of investigations relating to therelevant aerosol-generating system or any outbreak,

15suspected outbreak or spread of any infectiousdisease; and

(d) the implementation of remedial measures in relationto the relevant aerosol-generating system.

(3) The cessation notice must be complied with by the owner20or occupier of the premises in or on which the relevant

aerosol-generating system is located (called in this section theresponsible person).

(4) The Director-General must, by written notice (called in thissection the resumption notice), permit the resumption of use or

25operation of the relevant aerosol-generating system when theDirector-General is satisfied that —

(a) where the cessation notice is issued undersubsection (1)(a)(i) — the use or operation of therelevant aerosol-generating system is no longer likely

30to endanger the health of any person;

(b) where the cessation notice is issued undersubsection (1)(a)(ii) — the cessation of the use oroperation of the relevant aerosol-generating system is

23

no longer necessary to prevent or manage theoutbreak or spread of any infectious disease; or

(c) where the cessation notice is issued undersubsection (1)(b) — the Director-General is

5 satisfied that the responsible person is no longer incontravention of the applicable requirement.

(5) Where the cessation notice or resumption notice applies toor affects a class of responsible persons, it may be published inany manner that the Director-General thinks necessary for

10 bringing it to the notice of those responsible persons.

(6) Any person that contravenes any notice issued undersubsection (1) shall be guilty of an offence and shall be liable onconviction to a fine not exceeding $5,000.

Monitoring powers for purposes of this Part

15 66C.—(1) The Director-General or an authorised officerappointed under section 3(2) may, by written notice —

(a) inspect any aerosol-generating system for thepurposes of administering or enforcing this Part orascertaining whether this Part has been complied

20 with; and

(b) take and retain samples of any materials(whether solid, liquid, gaseous or vapour) found inor on the aerosol-generating system for analysis.

(2) The Director-General or an authorised officer appointed25 under section 3(2) may also, by written notice, require the owner

or occupier of any premises in or on which anyaerosol-generating system is installed to provide, within areasonable period, and in the form and manner specified in thenotice, all documents and information which —

30 (a) relate to any matter which the Director-General orauthorised officer considers necessary for thepurposes of administering or enforcing this Part orascertaining whether this Part has been compliedwith; and

24

(b) are —

(i) within the knowledge of the owner or occupier;or

(ii) in the custody or under the control of the owner5or occupier.

(3) The power to require an owner or occupier to provide anydocument or information under subsection (2) includes thepower —

(a) to require the owner or occupier to provide an10explanation of the document or information;

(b) if the information is recorded otherwise than inlegible form, to require the information to be madeavailable in legible form to the Director-General or anauthorised officer appointed under section 3(2); and

15(c) if the document or information is not provided, torequire the owner or occupier to state, to the best ofthe knowledge and belief of the owner or occupier,where it is and how it may be obtained.

(4) The Director-General or an authorised officer appointed20under section 3(2) is entitled without payment to make and

retain copies of any document or information provided to theDirector-General or authorised officer under subsection (2).

(5) Any person that, without reasonable excuse, fails to doanything required of the person by a notice under subsection (2)

25shall be guilty of an offence and shall be liable on conviction to afine not exceeding $5,000.

(6) For the purposes of subsection (5), it is a reasonable excusefor a person to refuse or fail to provide any document orinformation which the person is required by a notice under

30subsection (2) to provide if doing so might tend to incriminatethat person.

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66D. This Part applies to any aerosol-generating systemowned, managed or operated by the Government.”.

New section 99A

5 8. The principal Act is amended by inserting, immediately aftersection 99, the following section:

“Codes of practice and standards of performance

99A.—(1) The Director-General may issue, approve, amendor revoke one or more codes of practice or standards of

10 performance with respect to —

(a) programmes and measures relating to environmentalsanitation;

(b) activities and conduct of licensees and registeredpersons under this Act;

15 (c) activities that relate to or concern environmentalpublic health;

(d) the cleaning, disinfection and operation of any classof premises, facilities or systems under this Act;

(e) the operation of any provision of this Act; or

20 (f) generally for carrying out the purposes of this Act.

(2) If any provision in any code of practice or standard ofperformance is inconsistent with this Act, such provision (to theextent of the inconsistency) does not have effect.

(3) Where a code of practice or standard of performance is25 issued, approved, amended or revoked by the Director-General

under subsection (1), the Director-General must —

(a) publish a notice of the issue, approval, amendment orrevocation (as the case may be) in such manner as willsecure adequate publicity for such issue, approval,

30 amendment or revocation;

(b) specify in the notice the date of the issue, approval,amendment or revocation, as the case may be; and

26

(c) ensure that, so long as the code of practice or standardof performance remains in force, copies of that codeor standard, and of all amendments to that code orstandard, are available free of charge to any person to

5which that code or standard applies.

(4) None of the following has any effect until the noticerelating to it is published in accordance with subsection (3):

(a) a code of practice or standard of performance;

(b) an amendment to a code of practice or standard of10performance;

(c) the revocation of a code of practice or standard ofperformance.

(5) A code of practice or standard of performance has nolegislative effect.

15(6) Subject to subsections (4) and (7), a person must complywith any code of practice or standard of performance that isapplicable to that person.

(7) The Director-General may, either generally or for suchtime as the Director-General may specify, waive the application

20to any person of any code of practice or standard ofperformance, or of any part of any code of practice orstandard of performance.”.


9. Section 110(1) of the principal Act is amended by deleting the25words “or premises or any class of persons or premises” and

substituting the words “, facility, system, premises or works, or anyclass of persons, facilities, systems, premises or works”.


10. Section 111 of the principal Act is amended by inserting,30immediately after subsection (1), the following subsection:

27

“(1A) Regulations made under this section may makedifferent provision for different classes, descriptions or typesof persons, facilities, systems, premises or works.”.

Amendment of Third Schedule

5 11. The Third Schedule to the principal Act is amended byinserting, immediately after paragraph 16, the following paragraphs:

“17. The registration and regulation of Environmental ControlCoordinators and Environmental Control Officers, including their dutiesand matters relating to their appointment, training and qualifications.

10 18. The requirements relating to environmental sanitation programmes forspecified premises.

19. The duties of managers of specified premises in connection withenvironmental sanitation, including the periodic cleaning of the specifiedpremises.

15 20. The regulation of licensable aquatic facilities, including the duties ofowners or occupiers of premises in or on which licensable aquatic facilitiesare located.

21. The regulation of registrable aerosol-generating systems, including theduties of owners or occupiers of premises in or on which registrable

20 aerosol-generating systems are installed.”.

EXPLANATORY STATEMENT

This Bill seeks to amend the Environmental Public Health Act (Cap. 95) for thefollowing main purposes:

(a) to introduce environmental sanitation programmes for premisesdesignated by the National Environment Agency (NEA) with theMinister’s approval (specified premises);

(b) to provide for the registration of Environmental Control Coordinators(ECCs) and Environmental Control Officers (ECOs), and theirfunctions in relation to specified premises;

(c) to regulate aquatic facilities and aerosol-generating systems.

Clause 1 relates to the short title and commencement.

Clause 2 amends certain definitions in section 2, and inserts new definitions ofcertain expressions used in the Bill.

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Clause 3 makes consequential amendments to section 60 arising from the newsections 62A and 62B (inserted by clause 6).

Clause 4 inserts new sections 61A and 61B. The new section 61A empowers theDirector-General of Public Health (DG) to register suitable individuals as ECCsand ECOs for the purposes of the Act, and provides for related provisions(including the circumstances in which the registration may be suspended orcancelled).

An individual must not act as an ECC or ECO unless the individual is registeredas such and the registration is not suspended under the Act. Contravention of thisrequirement is an offence.

The new section 61B provides for appeals to be made to the Minister against theDG’s decisions under the new section 61A.

Clause 5 makes editorial amendments to section 62 (on appointment of ECOsfor construction sites).

Clause 6 inserts new sections 62A to 62E.

The new section 62A empowers NEA to designate (with the approval of theMinister) the following types of premises as specified premises:

(a) any publicly accessible premises (or class of publicly accessiblepremises);

(b) any premises (or class of premises) owned, managed or occupied bythe Government or a statutory body;

(c) any premises (or class of premises) used, or intended to be used, for acommercial or an industrial purpose, or for mixed purposes thepredominant purpose of which is either a commercial or an industrialpurpose;

(d) any recreational facility or class of recreational facilities;

(e) any common property (or class of common property) of any residentialpremises (or class of residential premises), or of any premises (or classof premises) mentioned in paragraph (c); and

(f) any premises (or class of premises) for which an environmentalsanitation programme is assessed to be necessary to minimise oralleviate the risk of, or to prevent or manage an outbreak or a spread ofany infectious disease.

NEA may also designate (with the approval of the Minister) —

(a) specified premises for which an ECC must be appointed; and

(b) specified premises for which an ECO must be appointed.

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The manager of any specified premises must appoint a registered ECC orregistered ECO (as the case may be) for the specified premises. Contravention ofthis requirement is an offence.

The new section 62B requires the ECC or ECO for any specified premises to,among other things, develop an environmental sanitation programme for thepremises, monitor the implementation of the environmental sanitation programmeand recommend remedial measures for any default in the implementation of theenvironmental sanitation programme. An ECC or ECO who does not comply withhis or her duties is liable to have his or her registration suspended or cancelled.

The new section 62B requires the manager of the specified premises to —

(a) endorse and implement the environmental sanitation programmedeveloped by the ECC or ECO for the specified premises; and

(b) implement any remedial measures recommended by the ECC or ECOfor any default in the implementation of the environmental sanitationprogramme.

Contravention of the manager’s obligations under the new section 62B is anoffence.

The new section 62C empowers the DG to give directives (with the approval ofthe Minister) in respect of any premises or class of premises (relevant premises),or any public service vehicle or class of public service vehicles (relevant vehicle),where it appears to the DG that —

(a) the use of the relevant premises or the operation of the relevant vehicleis likely to endanger the health of any person and the directive isnecessary to prevent or manage that risk; or

(b) the directive is necessary to prevent or manage the outbreak or spreadof any infectious disease.

In particular, a directive under the new section 62C may require the cleaning ordisinfecting of the relevant premises (including the closure of the premises for thatpurpose) or the relevant vehicle, and the provision of appropriate personalprotective equipment to the cleaning crew.

Failure to comply with a directive is an offence.

The new section 62D empowers the DG and the authorised officers appointedunder section 3(2) to inspect specified or relevant premises and relevant vehicles,and obtain documents and information, for purposes of the new sections 62A, 62Band 62C.

The new section 62E provides that sections 60 to 62D apply to any premisesowned, managed or occupied by the Government and any public service vehicleowned or operated by the Government.

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Clause 7 repeals Part VII (on swimming pools) and introduces new Parts VII(aquatic facilities) and VIIA (aerosol-generating systems).

The new Part VII comprises new sections 63 to 66.

The new section 63 provides that the owner or occupier of any premises in or onwhich a licensable aquatic facility is located, must not use or operate (or allow theuse or operation of) the licensable aquatic facility, unless that owner or occupierholds a valid aquatic facility licence for that purpose. Contravention of the sectionis an offence.

The new section 64 empowers the DG to require the cessation of the use oroperation of any aquatic facility or class of aquatic facilities (relevant aquaticfacility) where the use or operation of the relevant aquatic facility is likely toendanger the health of any person and the cessation is necessary to prevent ormanage that risk, or where the cessation is necessary to prevent or manage theoutbreak or spread of any infectious disease.

In the case where the relevant aquatic facility is a licensable aquatic facility, thenew section 64 also empowers the DG to require the cessation of the use oroperation of that aquatic facility if there has been a contravention of any applicablerequirement in respect of that aquatic facility.

Contravention of the DG’s requirement for the cessation of a relevant aquaticfacility under the section is an offence.

The new section 65 empowers the DG and the authorised officers appointedunder section 3(2) to inspect licensable or relevant aquatic facilities, and obtaindocuments and information, for purposes of the new Part VII.

The new section 66 provides that the new Part VII applies to any aquatic facilityowned, managed or operated by the Government.

The new Part VIIA comprises new sections 66A to 66D.

The new section 66A provides that the owner or occupier of any premises in oron which a registrable aerosol-generating system is installed, must not use oroperate (or allow the use or operation of) the registrable aerosol-generatingsystem, unless the aerosol-generating system is registered by that owner oroccupier under the Act and the registration is not suspended. Contravention of thesection is an offence.

The new section 66B empowers the DG to require the cessation of use oroperation of any aerosol-generating system or class of aerosol-generating systems(relevant aerosol-generating system) where the use or operation of the relevantaerosol-generating system is likely to endanger the health of any person and thecessation is necessary to prevent or manage that risk, or the cessation is necessaryto prevent or manage the outbreak or spread of any infectious disease.

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In the case where the relevant aerosol-generating system is a registrableaerosol-generating system, the new section 66B also empowers the DG to requirethe cessation of the use or operation of that aerosol-generating system if there hasbeen a contravention of any applicable requirement in respect of thataerosol-generating system.

Contravention of the DG’s requirement for the cessation of a relevantaerosol-generating system under the section is an offence.

The new section 66C empowers the DG and the authorised officers appointedunder section 3(2) to inspect registrable or relevant aerosol-generating systems,and obtain documents and information, for purposes of the new Part VIIA.

The new section 66D provides that the new Part VIIA applies to anyaerosol-generating system owned, managed or operated by the Government.

Clause 8 inserts a new section 99A, empowering the DG to issue, approve,amend or revoke codes of practice or standards of performance. A person mustcomply with any code of practice or standard of performance that is applicable tothat person.

Clause 9 makes a consequential amendment to section 110 (exemption).

Clause 10 amends section 111 (regulations) by inserting a new subsection (1A)to provide that regulations made under that section may make different provisionfor different classes, descriptions or types of persons, facilities, systems, premisesor works.

Clause 11 amends the Third Schedule (subject matters of regulations) to expandNEA’s power to make regulations.

EXPENDITURE OF PUBLIC MONEY

This Bill will involve the Government in extra financial expenditure, the exactamount of which cannot at present be ascertained.

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Documents

Environmental Public Health (Amendment) Bill